Can it be seized during the over-indebtedness procedure?

Verified 09 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)

Some foreclosures may be suspended during the debt distress procedure. It is possible to apply for it as soon as the file on over-indebtedness has been submitted. Certain seizures are automatically suspended from the decision on admissibility of the case when the measures to deal with the over-indebtedness are adopted. We'll explain.

As soon as the file is lodged

Starting on filing your over-indebtedness file, you can request the suspension of seizures of your movable property (attachment and assignment, foreclosure, wage attachment...), and transfer of earnings that you have consented to.

The over-indebtedness commission decides whether or not to transmit your request to the protection litigation judge. In urgent cases, this decision is taken by the chairman of the debt relief commission, his delegate or the local representative of the Banque de France.

It's the protection litigation judge who decides whether or not to suspend seizures of your property, as well as the transfers of remuneration you have granted. Please note that it cannot suspend seizures and transfers related to maintenance obligations. In addition, it cannot suspend seizures linked to fines or criminal debts (damages), as they are solely under the jurisdiction of the criminal judge.

The judge's decision is indicated to you by the over-indebtedness commission.

If the suspension is granted, it is valid until the ruling that your over-indebtedness file is inadmissible or the implementation of measures to address debt distress (approval of the conventional recovery plan, decision of measures imposed, judgment of personal reinstatement without judicial liquidation, or the opening judgment of personal reinstatement with judicial liquidation). In any case, the duration of the suspension may not exceed 2 years.

The effect of the suspension is to prohibit you from:

  • Increase your insolvency (for example: take a new loan)
  • To pay all or part of a debt (including existing bank overdrafts). But you still have to pay your food debts, as well as your rent debts when a judge has granted you payment terms.
  • To repay the sums that one of your bonds has already paid
  • To make a act of disposition foreigner to the normal management of assets
  • Take any warranty or safety.

But you can ask the protection litigation judge that he authorizes you to perform one of these acts.

As soon as the file is declared admissible

The decision on the admissibility of the over-indebtedness file automatically suspends seizures of your property (attachment and assignment, foreclosure, wage attachment...), and transfer of earnings that you have consented to. Attention, seizures and disposals related to maintenance obligations cannot be suspended. In addition, seizures linked to fines or criminal debts (damages) are solely under the jurisdiction of the criminal judge.

The suspension is valid until measures are put in place to deal with your over-indebtedness (approval of conventional recovery plan, decision of measures imposed, judgment of personal reinstatement without judicial liquidation, or the opening judgment of personal reinstatement with judicial liquidation). In any case, the duration of the suspension may not exceed 2 years.

The effect of the suspension is to prohibit you from:

  • Increase your insolvency (for example: take a new loan)
  • To pay all or part of a debt (including existing bank overdrafts). But you still have to pay your food debts, as well as your rent debts when a judge has granted you payment terms.
  • To repay the sums that one of your bonds has already paid
  • To make a act of disposition foreigner to the normal management of assets
  • Take any warranty or safety.

But you can ask the protection litigation judge that he authorizes you to perform one of these acts.

Who can help me?

Find who can answer your questions in your region